Rights Independent. The security interest created hereunder is ------------------- independent of any other security for the indebtedness given by Debtor or any other person or any guaranty, and upon the occurrence of an Event of Default Secured Party may proceed in the enforcement hereof independently of any other right or remedy that Secured Party may at any time hold with respect to the indebtedness or any other security or guaranty therefor. Secured Party may file a separate action or actions against Debtor hereunder, whether action is brought and prosecuted with respect to any other security or any other person or any guarantor, or whether any other person or any guarantor is joined in any such action or actions. Debtor waives the benefit of any statute of limitations affecting its liability hereunder or the enforcement of the indebtedness secured hereby. Secured Party's rights hereunder shall be reinstated and revived, and the enforceability of this Agreement shall continue, with respect to any amount at any time paid on account of the indebtedness which shall thereafter be required to be restored or returned by Secured Party upon the bankruptcy, insolvency, or reorganization of Debtor, or otherwise, all as though such amount had not been paid. The security interest created hereunder and the enforceability of this Agreement shall at all times remain effective to secure the full amount of all indebtedness, including without limitation interest at the Default Rate, even though the indebtedness or any part thereof or any other security or guaranty therefor may be or may hereafter become invalid or otherwise unenforceable against Debtor or any other party, and whether or not Debtor shall have any personal liability with respect thereto. Debtor waives notice of default, presentment, demand for payment, protest, notice of protest, notice of nonpayment or dishonor, and all other notices and demands of any kind whatsoever; and Debtor consents and agrees that Secured Party may, from time to time, without notice or demand and without affecting the enforceability or security hereof: (a) take, alter, enforce or release any additional security for the indebtedness; or (b) release or substitute any guarantors or other parties obligated with respect to the indebtedness.
Rights Independent. The Facility Agent, the Dollar Swingline Agent, the Euro Swingline Agent and each Lender may enforce its rights under this deed independently from each other, subject to the Facilities Agreement.
Rights Independent. The Facility Agent and each Lender may enforce its rights under this deed independently from each other Lender, subject to the Facilities Agreement.
Rights Independent. The obligations hereunder are independent of the obligations of Company or any other guarantor, and a separate action or actions may be brought and prosecuted against Guarantor whether or not action is brought and prosecuted against Company or any other guarantor and whether or not Company or any other guarantor is joined in any such action or actions; and Guarantor waives the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. The liability of Guarantor hereunder shall be reinstated and revived, and the rights of Bank shall continue, with respect to any amount at any time paid on account of the Indebtedness guaranteed hereby, which shall thereafter be required to be restored or returned by Bank upon the bankruptcy, insolvency or reorganization of Company, or otherwise, all as though such amount had not been paid.
Rights Independent. Each Third Party Obligor's obligations with respect to the Nonrecourse Carve-Outs are independent of those of any other Person (including the other Third Party Obligors), and upon the occurrence and during the continuance of an Event of Default (subject to the limitations set forth in Paragraph 1 of this Joinder), Lender may proceed in the enforcement of each Third Party Obligor's obligations independently of any other right or remedy that Lender may at any time hold with respect to the Nonrecourse Carve-Outs or any security therefor (except as expressly set forth in Paragraph 1 of this Joinder). Except as set forth in Section 12.1, each Third Party Obligor waives any right to require Lender to: (a) proceed against Borrower or any guarantor or other Person, including any other Third Party Obligor (regardless of whether such other Third Party Obligor's liability for the Nonrecourse Carve-Outs is more or less extensive (or the same) as that of such Third Party Obligor); (b) proceed against or exhaust any security for the Nonrecourse Carve-Outs; (c) give notice of the terms, time and place of any public or private sale of any real or personal property security for the Nonrecourse Carve-Outs; or (d) pursue any other remedy in Lender's power whatsoever.
Rights Independent. The Facility Agent and each Financier may enforce its rights under this deed independently from the Registrar and each other Financier, subject to the Bank Finance Documents.
Rights Independent. The rights available to the Parties under this Agreement and at law shall be deemed to be several and not dependent on each other and each such right accordingly shall be construed as complete in itself and not by reference to any other such right. Any one or more and/or any combination of such rights may be exercised by a Party from time to time and no such exercise shall exhaust the rights or preclude another Party from exercising any one or more of such rights or combination thereof from time to time thereafter or simultaneously.
Rights Independent. Third Party Obligor's obligations with respect to the Nonrecourse Carve-Outs are independent of those of any other Person, and upon the occurrence and during the continuance of an Event of Default (subject to the limitations set forth in Section 12.1), Lender may proceed in the enforcement of Third Party Obligor's obligations independently of any other right or remedy that Lender may at any time hold with respect to the Nonrecourse Carve-Outs or any security therefor (except as expressly set forth in Section 12.1). Except as set forth in Section 12.1, Third Party Obligor waives any right to require Lender to:
(a) proceed against Borrower or any guarantor or other Person; (b) proceed against or exhaust any security for the Nonrecourse Carve-Outs; (c) give notice of the terms, time and place of any public or private sale of any real or personal property security for the Nonrecourse Carve-Outs; or (d) pursue any other remedy in Lender's power whatsoever.
Rights Independent. Tenant's rights under Sections 3.1, 3.2, 3.3, 3.4 and 3.5 are independent of each other and each shall apply notwithstanding any previous exercise of any other such right by Tenant; provided, however, Tenant shall not have the right to exercise its rights under both (a) Section 3.1 of this Sublease with respect to the Third Expansion Option only, and (b) Section 3.4 of this Sublease, so as to increase the Rentable Area of the Subleased Premises by more than two (2) full floors of the Building.
Rights Independent. The rights to advancement of expenses provided in Sections 6.1, 6.2, 6.3, and 6.4 above are all independent of one another and an officer or director who is entitled to expense advancement under any of such sections shall not be denied expense reimbursement because the officer or director is not entitled to expense advancement under another of such sections.
